Norway

Norway

NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2020 Pildegovics and SIA v. Norway Peteris Pildegovics and SIA North Star v. Kingdom of Norway (ICSID Case No. ARB/20/11) Latvia - Norway BIT (1992) ICSID ICSID Investment: Investments in a snow crab harvesting enterprise, shares in local company Sea & Coast AS, and supply agreements with Seagourmet Norway AS.

Summary: Claims arising out of Government authorities’ interference with the claimants’ snow crab harvesting business, allegedly forcing them to cease their operations in the so-called Barents Sea Loophole and the maritime zones of the Svalbard archipelago, including through the arrest of the one of the claimants’ ships, criminal proceedings, fines and penalties.
Investments in a snow crab harvesting enterprise, shares in local company Sea & Coast AS, and supply agreements with Seagourmet Norway AS. Pending Norway Latvia Primary: A - Agriculture, forestry and fishing 3 - Fishing and aquaculture Greenwood, C. - President

Fortier, L. Y. - Claimant

McRae, D. M. - Respondent
Data not available Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Most-favoured nation treatment

Indirect expropriation
Pending Data not available Data not available None None None None None
NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2016 EBO Invest and others v. Latvia EBO Invest AS, Rox Holding AS and Staur Eiendom AS v. Republic of Latvia (ICSID Case No. ARB/16/38) Latvia - Norway BIT (1992) ICSID ICSID Investment: Shared ownership of SIA Rixport (72% belong to EBO Invest AS, 18% to Staur Eiendom and 10% to Rox Holding), a local company established for the development of the Riga Airport Business Park.

Summary: Claims arising out of the actions of the Riga airport administration, a State-owned entity, relating to the claimants’ project to develop the Riga Airport Business Park. The investors undertook to construct a hotel connected to the airport under a lease agreement signed in 2006 and were granted exclusive rights to operate short-term parking at the airport. The projects have failed allegedly due to the airport administration’s frequent changes to its plans, reducing the scale of the airport expansion, routing railway tracks through the planned location of the hotel, and cancelling the investors’ rights to operate the parking.
Shared ownership of SIA Rixport (72% belong to EBO Invest AS, 18% to Staur Eiendom and 10% to Rox Holding), a local company established for the development of the Riga Airport Business Park. Decided in favour of State Latvia Norway Tertiary: F - Construction 41 - Construction of buildings Schwartz, E. - President

Hobér, K. - Claimant

Landau, T. - Respondent
41.90 mln EUR (45.90 mln USD) Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation

Umbrella clause
None - all claims dismissed at the merits stage Award dated 28 February 2020 None None None None None None
2 2013 Almås v. Poland Kristian Almås and Geir Almås v. The Republic of Poland Norway - Poland BIT (1990) UNCITRAL PCA Investment: Lease agreement with the Polish Agricultural Property Agency for 4200 hectares of farmland in Poland through Pol Farm, a company in which the claimants were the sole shareholders.

Summary: Claims arising out of termination of a 30-year land lease by the Polish Agricultural Property Agency.
Lease agreement with the Polish Agricultural Property Agency for 4200 hectares of farmland in Poland through Pol Farm, a company in which the claimants were the sole shareholders. Decided in favour of State Poland Norway Primary: A - Agriculture, forestry and fishing 1 - Crop and animal production, hunting and related service activities Crawford, J. R. - President

Reinisch, A. - Respondent

Mestad, O. - Claimant
100.00 mln PLN (24.80 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures

Umbrella clause
None - all claims dismissed at the merits stage Award dated 27 June 2016 None None None None None None
3 2008 Czechoslonor v. Czech Republic Czechoslonor AS v. Czech Republic Czech Republic - Norway BIT (1991) Data not available Data not available Investment: Ownership of a salmon-processing plant in the Czech Republic.

Summary: Claims arising out of the alleged Government's withdrawal of a bank loan agreement concluded with the investor which led to the declaration of bankruptcy of its company, and the alleged numerous irregular motions by Czech officials during the bankruptcy proceedings.
Ownership of a salmon-processing plant in the Czech Republic. Data not available Czechia Norway Secondary: C - Manufacturing 10 - Manufacture of food products Data not available 330.00 mln CZK (18.80 mln USD) Data not available Data not available Data not available Data not available Data not available Data not available Data not available Data not available Data not available Data not available
4 2005 Parkerings v. Lithuania Parkerings-Compagniet AS v. Republic of Lithuania (ICSID Case No. ARB/05/8) Lithuania - Norway BIT (1992) ICSID ICSID Investment: Rights under a public parking concession agreement concluded between the City of Vilnus and claimant's wholly-owned Lithuanian subsidiary, acting as part of a bidding consortium.

Summary: Claims arising out of the alleged repudiation by the Lithuanian municipality of Vilnus of an agreement entered into with the investor concerning a public parking system.
Rights under a public parking concession agreement concluded between the City of Vilnus and claimant's wholly-owned Lithuanian subsidiary, acting as part of a bidding consortium. Decided in favour of State Lithuania Norway Tertiary: F - Construction

Tertiary: H - Transportation and storage
41 - Construction of buildings

52 - Warehousing and support activities for transportation
Lévy, L. - President

Lew, J. D. M. - Claimant

Lalonde, M. - Respondent
176.40 mln NOK (25.90 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Most-favoured nation treatment
None - all claims dismissed at the merits stage Award dated 11 September 2007 None None None None None None
5 2004 Telenor v. Hungary Telenor Mobile Communications AS v. Republic of Hungary (ICSID Case No. ARB/04/15) Hungary - Norway BIT (1991) ICSID ICSID Investment: Direct and indirect holdings in local company (wholly- owned subsidiary) that had a concession agreement for telecommunications services.

Summary: Claims arising out of a series of measures adopted by the respondent with respect to telecommunications service providers that allegedly affected the operation of a concession agreement for the provision of public mobile radiotelephone services concluded between claimant's wholly owned subsidiary and the Hungarian Minister of Transport, Communications and Water Management.
Direct and indirect holdings in local company (wholly- owned subsidiary) that had a concession agreement for telecommunications services. Decided in favour of State Hungary Norway Tertiary: J - Information and communication 61 - Telecommunications Goode, R. - President

Allard, N. W. - Claimant

Marriott, A. L. - Respondent
152.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
None - jurisdiction declined Award dated 13 September 2006 None None None None None None